Advocates in great need of a better image

Advocates in great need of a better image

Yufiter Sitepu, Jakarta

The arrest of Harini Wijoso by the Corruption Eradication Court
(KPK), the lawyer of Soeharto's half-brother Probosutedjo,
following an alleged attempt to bribe Supreme Court chief justice
Bagir Manan, again strengthens public negative perceptions about
the profession of advocates.

Advocates are supposed to provide a range of legal services to
those who need them. The Law No 18.2003 on advocates expressly
stipulates that legal services refer to the services rendered by
advocates in the form of legal consultation and legal aid.

The roles of advocates is obviously much more in demand as
people becoming increasingly law-abiding and when the image of
law enforcement is worsening.

It is important to look into legal experts' opinions about how
advocates should be obligated to their clients. These experts say
that advocates must not blindly defend their clients just because
they are getting paid.

Indonesian lawyers are often teased as people who Maju tak
gentar bela yang bayar (Move forward fearlessly -- to defend
those who pay).

A well-known legal expert, Sudikno Mertokusumo, once pointed
out, "The obligation of the lawyer to the client is to give legal
aid, which also means to protect the client from inconsiderate
treatment which is contrary to the law. He/she must highly
respect the law, which means that he/she must follow legal
channels in rendering legal aid to the client and avoid using
illegal means."

He goes on to mention an example: If the lawyer's client
admits to actually perpetrating a murder, then the lawyer should
not turn the facts upside down by having the client deny evidence
or otherwise perjure themselves. If their client is proven to
have committed a murder, then the lawyer may defend the interests
of the client by pleading for lighter sentence by providing
extenuating evidence that may lighten the punishment.

The image and dignity of advocates as one of the legal
professions is still poor. This is in no small way due to the
behavior and the practices of lawyers themselves.

From media reports we find there are lawyers who are involved
in physical fights in the courtroom. We may also find certain
lawyers kidnapping children, physically grabbing opponent's
clients in the courts, acting like private detectives, abandoning
their client's case at the drop of a hat, acting or behaving
improperly against opponents or partners of the same profession,
acting as "case-brokers" by attempting to bribe judges, and
speaking in a way which shows disrespect to the law or to the
courts.

All such conduct should never happen in the daily practice of
this profession. Advocates should have enough capacity for self-
reflection to allow them to comply with their office's oaths and
code of ethics. This kind of negative behavior is indeed a
serious and worrying condition -- it makes the courts become seen
as a joke.

The worst crimes that weaken the legitimacy of the law in the
eyes of the public are the widespread reports of bribery --
corrupt advocates in collusion with the police, prosecutors and
judges who buy and sell verdicts. Lawyers who want to follow fast
tracks and who engage in bribery to get their clients off,
destroy the image -- and the rule --- of the law.

The standard procedures for legal defense in court based on
professional capabilities and skills now no longer have anything
to with success, money does.

The corrupting influence of money means that legal reasoning
and argument is gradually losing its meaning, as debates in court
hearings are becoming more like made-up performances, a travesty
of justice. In other words, well-grounded premises seem to be one
thing and winning the case is another.

The time has come for advocates to return to ethical behavior.
It is my hope that this once noble profession will not in future
be polluted with such illegal, improper and irresponsible
behavior.

In every way, the values of truth and justice should be highly
respected and be given priority by advocates when performing
their professional duties, be it in-court representation or out-
of-court assistance.

With this spirit for change, a more positive, dignified and
noble face of advocates may emerge.

The writer is a law practitioner in Jakarta.